CM-2015-695 - 2/27/2015City of Round Rock
TEXAS ROM Agenda Item Summary
Agenda Number:
Title: Consider executing a Homeownership Assistance Program (HCAP) Lien
Release for Susanne J. Graves.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/27/2015
Dept Director: Susan Morgan
Cost: $75.00
Indexes:
Attachments: lien release graves laf.pdf, Graves Relase of Lien Document.pdf
Department: Finance Department
Text of Legislative File CM -2015-695
In an effort to increase homeownership opportunities for the people of Round Rock, the Community
Development Block Grant Program provided down payment assistance to eligible low to moderate income first
time home buyers with grant funds up to $5,000 for closing costs from 1998 to 2005. This program required
that a five year lien be placed on the property and could be released after it expired and if the homeowner
requested.
Consider executing a Release of Lien under the Home Ownership Assistance Program for Susanne J. Graves.
Ms. Graves received a $4,031 grant under the Home Ownership Assistance Program in 2005 to purchase a
home on 1016 Greenbrier Cove (Lot Fifty-six (56) Block "B", GREENSLOPES AT LAKE CREEK -SECTION
SEVEN). Ms. Graves paid the $75.00 fee and is now requesting that Lien #2005074662 be released.
Staff recommends approval.
Caya1%md Rock P.,1 Pddon N"015
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: PlanningXommunity Development Project Name: Dompayment Assistance Program
Project Mgr/Resource: to Alvarado Contractor/Vendor: NSA
Council Action:
Q ORDINANCE RESOLUTION
[71city Manager Approval
CMA Wording
Consider executing a CDBG Home Ownership Assistance Program Lien Release for Susanne J. Graves.
prosy Approval
Attorney
Date
O:lwdox\SCCInts10179\1500\MUNICI PAL\00330025.XLS Updated 6/3/08
Date: rPhrunN Qd , ,2015
Note:
RELEASE OF LIEN
Date: September 15, 2005
Original Amount: $4,031.00
Maker: Suzanne J. Graves, a single person
Payee: City of Round Rock, Texas, a Texas home rule municipality
Date of Maturity: as therein provided
a PCs 2015020848
REL
Holder of Note and Lien: City of Round Rock, Texas, a Texas home rule municipality
Holder's Mailing Address (including county):
Attn: Community Development Assistant
City of Round Rock, Texas
221 East Main St.
Round Rock, Williamson County, Texas 78664
Note and Lien are Described in the Following Documents, Recorded in: Deed of Trust
(Downpayment Assistance Program), executed by Susanne J. Graves to Charles D. Crossfield,
Trustee, dated September 15, 2005, recorded under Document No. 2005074662, Official Public
Records, Williamson County, Texas, securing one promissory note of even date for the principal
sum of $4,031.00, payable to the order of the City of Round Rock, Texas, a Texas home rule
municipality, and subject to all terms, conditions, and stipulations therein; including any
additional indebtedness secured thereby.
Property (including any improvements) Subject to Lien:
Lot 56, Block `B", GREENSLOPES AT LAKE CREEK -SECTION SEVEN, an
addition in Williamson County, Texas, according to the map or plat thereof
recorded in Cabinet E, Slides 310-311, Plat Records, Williamson County, Texas
together with all improvements thereon and any additional Property as described
or identified in the above described Note, Lien or Deed of Trust.
Holder of the note and lien fully releases and discharges the above described Assignment, Note,
and Liens, and fully releases the Property described above from the lien and from all liens held
by Holder of the note and lien without regard to how they were created or evidenced.
00329980/jp
0 -M -19015 -(AAS
Holder of the note and lien expressly releases all present and future rights to establish or enforce
the lien as security for the payment of any future or other advances.
When the context requires, singular nouns and pronouns include the plural.
CITY OF ROUND ROCK, TEXAS,
a Texas home rule municipality
I
By: l
Printed Name: Lm rie Hadle}
Title: City Manager
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the alo!"day of Ff,oaAa.YU
2015, by Laurie Hadley, the City Manager of the City of Round Rock, Texas, in the capacity and
for the purposes and consideration recited therein.
., SAQIDON CHAM!"I"
m Notary Public, State of TBwB
: :.€ MY COm Uon UpHe,
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6 PCS r� LandAmeri
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Ro Settler's Blvtl. #700
DEED OF TRUST Hoak, TX 78664
(Dovmpayment Assistance Program)
Date: c�1�2005
Grantor: SUSANNE J. GRAVES, a single person
Grantor's Mailing Address (including county):
SUSANNEI.GRAVES
IL1141( t=_seaxck� 3l.�rk•Ra�
78 T t
rM1. `� County
Trustee: Charles D. Crossfield
Trustee's Mailing Address (including county):
Charles D. Crossfield
309 East Main
Round Rock, Texas 78664
Williamson County, Texas
Beneficiary: City of Round Rock, Texas, a Texas home rule municipality
Beneficiary's Mailing Address (including county)
Atm: Dovmpayment Assistance Program Manager
City of Round Rock, Texas
221 East Main
Round Rock, Texas 78664
Williamson County, Texas
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE
FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE
IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
Note(s)
Date: f T
16,,96 D
Amount: $4,031.00
Maker: SUSANNE J. GRAVES, a single person
Payee: CITY OF ROUND ROCK, TEXAS, a Texas home rale municipality
Final Maturity Date: As provided in the Note.
Terms of Payment (optional): As provided in the Note.
90991
i(c5—
Property (including any improvements):
The certain real property more particularly described on Exhibit "A" attached to this deed of trust
and by this reference incorporated in it, all fixtures and improvements situated thereon and all
rights, titles and interests appurtenant thereto.
Prior Lien(s) (including recording information):
The liens securing another note in the original principal amount of $81,254.00, of even date,
executed by Grantor, payable to the order of CS MORTGAGE, LTD., its successors and or
assigns (herein "Financial Institution"), including without limitation the liens evidenced by that
certain deed of trust and security agreement, of even date, executed by Grantor in favor of
Financial Institution and recorded in the real property records of Williamson County, Texas.
Other Exceptions to Conveyance and Warranty:
1. Now dated of even date herewith, between Grantor and Beneficiary (the "note"). All
obligations and covenants in the note shall terminate on the date Beneficiary, in its sole
discretion, issues a release of all present and future rights to establish or enforce the deed of
must lien that secures the note. The release shall be in such form as to enable it to be
recorded in the real property records of Williamson County, Texas; and
2. Easements, rightsof-way, and prescriptive rights, whether of record or not; all presently
recorded instruments that affect the property; taxes for 2005, the payment of which Grantor
assumes; and subsequent assessments for that and prior years due to change in land usage,
ownership, or both, the payment of which Grantor assumes.
For value received and to secure payment of the note, Grantor conveys the property to Trustee in trust.
Grantor warrants and agrees to defend the title to the property. If Grantor performs all the obligations and
covenants in the note and pays the note according to its terms, this deed of trust shall have no further
effect, and Beneficiary shall release it at Gradoes expense.
Grantor's Obligations
Grantor agrees to:
1. keep the property in good repair and condition;
2. pay all taxes and assessments on the property when due;
3. preserve the lien's priority as it is established in this deed of bust;
4. maintain, in a form acceptable to Beneficiary, an insurance policy that:
a. covers all improvements fm thea full insurable value as determined when the policy is
issued and renewed, unless Beneficiary approves a smaller amount in writing;
b. contains an 80% coinsurance clause;
c. provides fire and extended coverage, including windstorm coverage;
d. protects Beneficiary with a standard mortgage clause;
e. provides flood insurance at any time the property is in a flood hazard area; and
f contains such other coverage as Beneficiary may reasonably require;
5. comply at all times with the requirements of the 80% coinsurance clause;
6. deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary at least we
days before expiration;
7. keep any buildings occupied as required by the insurance policy;
8. if this is not a fust lien, pay all prior lien notes that Grantor is personally able to pay and
abide by all prior lien instruments;
9. if all or any part of the Property or an interest in it (including a beneficial interest) is sold in
transferred without compliance with the terms of the note and this deed of bast, immediately
pay in full to Beneficiary all sums secured by this dead of trust; and
10. comply at all times with the terms, representations, and conditions of the note.
M
Beneficiary's Rights
1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights
and responsibilities of Trustee.
2. If the proceeds of the note are used to pay any debt secured by prior liens, Beneficiary is
subrogated to all of the rights and liens of the holders of any debt so paid.
3. Beneficiary may apply any proceeds received under the insurance policy either to reduce the
note or to repair or replace damaged or destroyed improvements covered by the policy.
4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perforin those
obligations and be reimbursed by Grantor on demand at the place where the note is payable
for any sums so paid, including attorney's fees, plus interest on those sums from the dates of
payment at the rate stated in the now for matured, unpaid amounts. The sum to be
reimbursed shall be secured by this dad of trust.
5. If Grantor defaults on the note, or if Grantor fails to perform any of Grantor's obligations, or
if all or any part of the Property or an interest in it (including a beneficial interest) is sold or
transferred without compliance with the terra of the note and this deed of trust, or if default
occurs on a prior lien note or other instrument and the default continues after Beneficiary
gives Grantor notice of the default and the time within which it must be cured, as may be
required by law or by written agreement, then Beneficiary may:
a. declare the unpaid principal balance and carried interest on the note immediately due;
b. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent
shall give notice of the foreclosure sale as provided by the Texas Property Code as then
amended, and
c. purchase the property at any foreclosure sale by offering the highest bid and than have
the bid credited on the note.
6. If the Grantor defaults on the Note or fails to perform any of Grantor's obligations under this
Deed of Trust. the Beneficiary shall provide the Financial hrstitution, a prior henholder, with
copies of all correspondence transmitted to Grantor regarding the default or notice of
acceleration.
Trustee's Duties
If requested by Beneficiary to foreclose this lien, Trustee shall:
1. either personally or by agent give notice of the foreclosure sale as required by the Texas
Property Code as then amended;
2. sell and convey all or part of the property to the highest bidder for cash with a general
warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and
-smarty;
3. from the proceeds of the sale, pay, in this order.
a. expenses of foreclosure, including a commission to Trustee of 5% of the bid;
b. to Beneficiary, the full amount of principal, interest, attomey's fees, and other charges
due and unpaid;
c. any amounts required by law to be paid before payment to Grantor, and
d. to Grantor, any balance, and
4. ifthe prior lien has not bean released, give written notice to Financial Institution that Grantor
is in default under this deed of trust and a copy of the notice of foreclosure sale given
Grantor.
General Provisions
1. If any of the property is sold under this deed of trust, Grantor shall immediately surrender
possession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at
sufferance of the purchaser, subject to an action for forcible detainer.
2. Recitals in any Tmsta's deed conveying the property will be presumed to be true.
3. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any other remedy
wi8 not constitute an election of remedies.
4. This lien shall remain superior to liens later created even if the time of payment of all or pan
of the note is extended or part of the property is released.
5. If any portion of the note cannot be lawfully secured by this deed of trust, payments shall be
applied first to discharge that portion.
6. Grantor assigns to Beneficiary all sums payable to or received by Gramor from
condemnation of all or pan of the property, from private sale in lieu of condemnation, and
from damages caused by public works or construction on or near the property. After
deducting any expenses incurred, including attorney's fees, Beneficiary may release any
remaining sums to Grantor or apply such gams to reduce the note. Beneficiary shall not be
liable for failure to collect or to exercise diligence in collecting my such sums.
7. Following the maturity of the above described Financial Institution loan, Grantor assigns to
Beneficiary absolutely, not only as collateral, all present and future rent and other income
and receipts from the property. Prim to such maturity Borrowers rights shall not arise under
this paragraph 7. Leases are not assigned. Grantor warrants the validity and enforceability of
the assignment. Grantor may as Beneficiary's licensee collect rent and other income and
receipts as long as Grantor is not in default under the note or this deed of trust. Grantor will
apply all rent and other income and receipts to payment of the note and performance of this
deed of trust but if the rent and other income and receipts exceed the amount due under the
note and deed of bust, Grantor may retain the excess. If Grantor defaults in payment of the
note or performance of this deed of trust, Beneficiary may terminate Grantor's license in
collect and then as Gmmor's agent may rent the property if it is vacant and collect all rent
and other income and receipts. Beneficiary neither has nor assumes any obligations as lessor
or landlord with respect to any occupant of the property. Beneficiary may exercise
Beneficiary's rights and remedies under this paragraph 7 without taking possession of the
property. Beneficiary shall apply all rent and other income and receipts collected under this
paragraph 7 first to expenses incurred in exercising Beneficiary's rights and remedies and
then to Grantor's obligations under the note and this deed of cost in the order determined by
Beneficiary. Beneficiary is not required to act under this paragraph 7, and acting under this
paragraph 7 does not waive any of Beneficiary's other rights or remedies. If Grantor becomes
a voluntary or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will
be tanmmount to the appoint of a receiver under Texas law.
8. Interest on the debt secured by this deed of trust shall not exceed the maximum amount of
nanust rious interest that may be contracted for, taken, reserved, charged, or received under
law; any interest in excess of that maximum amount shall be credited on the principal of the
debt or, if that has been paid, refunded. On any acceleration or required or permitted
prepayment, any such excess shall be canceled automatically as of the acceleration or
prepayment or, if already paid, credited on the principal of the debt or, if the principal of the
debt has been paid, refunded. This provision overrides other provisions in this and all other
instruments concerning the debt
9. Grantor represents that this deed of trust and the note are given in part payment for purchase -
money on the property.
10. Except where otherwise required or permitted by the Beneficiary in connection with a
transfer on death, divorce, legal separation, or legal incapacity of a Grantor as provided in
the note, the note and this deed of trust may not be assumed.
11. If Grantor fails m pay any part of principal or interest secured by a prior lien or liens on the
property when it becomes payable or defaults on any prior lien instrument, the debt secured
by this deed of trust shall immediately become payable at the option of Beneficiary.
12. Beneficiary and Granmr acknowledge and agree that this deed of Inst is subject and
subordinate in all respects to the liens, toms, covenants and conditions of the prior lien and
to all advances heretofore made or which may hereafter be made pusuant tu the prior lien,
including all sums advanced for the purpose of (a) protecting or further securing the lien of
the prior lien or (b) constructing, renovating, repairing, famishing, fixturing or equipping the
Property. The terms and provisions of the prior lien are paramount and controlling and they
supersede my other terms and provisions of this deed of trust in conflict therewith. In the
event of a foreclosure or deed in lieu of foreclosure of the prior lien, my provisions herein or
any provision in any collateral agreement restricting the use of the Property to low or
moderate income households or otherwise restricting die Gra Imes ability to sell the Property
shall have no further force or effect on subsequent owners or purchasers of the Property. Any
person, including his successors or assigns (other than the Grantor or a person or entity
related to the Grantor), receiving title to the Property through foreclosure or deed in lieu of
foreclosure of the prior lien shall receive title to the Property free and clear from such
restrictions. Further, if the Financial Institution acquires title m the Property pursuant to a
deed in lieu of foreclosure, the ban of this deed of tout shall automatically terminate upon
the Financial Institution's acquisition of title, provided that (i) the Beneficiary has been
given written notice of a default under the prior lien and (it) the Beneficiary (or mother party
acting on its behalf) shall not have cured the default under the prior lien, or diligently
Formed curing the default as determined by the Financial Institution, within the sixty-day
period provided in such notice sent to the Beneficiary.
13. This dead of trust and the note implement 42 USC 12701 at seq. and 24 CFR Part 92 and
shall be construed in accordance therewith. To the extent not inconsistent therewith, these
documents shall be governed by the laws of Texas and the local jurisdiction in which the
Property is located.
14. When the context requires, singular nouns and pronouns include the plural.
15. The term "note" includes all sums secured by this deed of mut.
16. This deed of trust shall bind, more to the benefit of, and be exercised by successors in
interest of all parties.
17. If Grantor and Maker are not the same person, the term "Grantor" shall include Maker.
EXECUTED AND DELIVERED as of the date fust above written.
A - Legal Description of Property
ACKNOWLEDGMENT
,OF
COUNTY OF M, I 0.
This instrument was ackhnowledged before rue on 's the of T '2005
by SUSANNE J. GRAVES.
-''"°'�`°'" t+m. nRraaa 508E Qas
( + s�•_ M1,r c" "_. Notary Pubbe, State o Texas
PLEASE T0: DECEMBER 6, 2005
A : ownpayment Assistance Program Manager
City of Round Rack, Texas
221 East Mai
Round Rock Texas 78664
Williamson County, Texas
5.
(Legal Description of Property)
The Property (including my improvements) refermd to in this agreement is described as follows:
Lot Fifty-six (56), Block 'B", GREENSLOPES AT LAKE
CREEK -SECTION SEVEN, an Addition in Williamson County,
Texas, according to the map or plat thereof recorded in Cabinet E,
Slides 310-311, Plat Records, Williamson County, Texas.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2005014662
09/21/2005 09:48 RM
MARY $36.00
NANCY E. RISTER, COUNTY CLERK
WILL IAMSON COUNTY, TEXAS
FILED AND RECORDED
OF ROUND ROCK
OFFICIAL PUBLIC RECORDS 2015020848
OCITY
2 221 EAST MAIN STREET
ROUND ROCK, TX 78664
Nancy E. Rister, County Clerk
Williamson County, Texas
March 19, 2015 12:01 RM
FEE: $49.00 BARRICK
6.
James D. Parker
From: Elizabeth Alvarado <lalvarado@roundrocktexas.gov>
Sent: Monday, February 23, 2015 10:07 AM
To: lames D. Parker
Subject: need laf for release of lien
Attachments: doc02285720150223093604.pdf
Years back the CDBG program assisted folks with down payment assistance towards the purchase of their first home
through the Home Ownership Assistance Program. Participants had to meet eligibility requirements in order to qualify.
The down payment assistance would not have to be paid back if the client stayed in the home for 5 years. A lien would
was placed on the property and could be released only after the 5 years and at the request of the homeowner.
Ms Graves has requested that the lien on her property at 1016 Greenbriar Cove be released.
I have attached the deed of trust. Ms Graves was assisted with $4,031 in CDBG funds.
Please prepare the lien release document for city manager signature and the LAF.
Realistically when do you think I can get the LAF for this? This Friday feb 27 or next Friday march 6 so I can tell the title
company that will be doing the closing for Ms Graves.
Please call or email me with any questions you may have regarding this lien release. See caption for laf below.
Thank you,
Liz
341-3328
LAF Caption:
Consider executing a CDBG Home Ownership Assistance Program Lien Release for Susanne I Graves.
-----Original Message -----
From: Saridon Chambless
Sent: Monday, February 23, 2015 9:38 AM
To: Elizabeth Alvarado
Subject: Here you go ma'am...
-----Original Message -----
From: citvofroundrockscan(d)roundrocktexas.eov Imailto:citvofroundrockscan(&roundrocktexas.eovl
Sent: Monday, February 23, 2015 9:36 AM
To: Saridon Chambless
Subject: City of Round Rock Administration
City of Round Rock Administration - Document(s)